CAA finishes the First Draft Amendment to the Arbitration Law of ROC
The current arbitration law in Taiwan was amended with reference to the UNCITRAL Model Law on International Commercial Arbitration (1985) and other legislations of advanced jurisdictions, and took effect in 1988. After the UNCITRAL Model Law was amended in 2006, many legislative and arbitral institutions reviewed and adjusted their arbitration laws or rules in accordance with the new UNCITRAL Model Law. While some articles of the Arbitration Law of Taiwan had continuously been amended accordingly, there remains substantial discrepancy between domestic and international arbitration practices. Several commissioned studies by the Ministry of Justice have indeed confirmed the need for further law reforms.
As a leading arbitral institution with the longest history in Taiwan, CAA has devoted its resources to develop and promote arbitration. It regards improving and internationalizing Taiwan’s arbitration law as its primary mission. Accordingly, CAA invited nine experts and scholars with different legal background to work together to put forth a reform proposal. The task force, convened by CAA Chairperson Dr. Fuldien Li, held more than 30 meetings over two years (from March 2018 to March 2020) to complete the first amendment. This amendment, composed of 9 chapters and 67 articles, is based on the 2006 version of the UNCITRAL Model Law while maintaining certain Taiwan-specific features of the current legislation and incorporating other international best practices. CAA plans to commence public consultation through a series of briefings and seminars later this year, before requesting the Executive Yuan and Legislative Yuan to deliberate and finalize the draft amendment.
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